Part I. Procedural Rules.
§ 1. General information.
§ 2. Commencement of commission proceedings.
§ 3. Notice.
§ 4. Hearings.
§ 5. Staff assistance to the commission from other government agencies.
§ 6. Conflict of interest.
§ 7. Decisions.
§ 8. Limitations.
§ 9. Time computations.
§ 10. Docket book, minutes and hearing records.
§ 11. Amendment of rules of procedure.
Notes
| 1 |
These rules of procedure were adopted by the Montgomery County Commission on Landlord-Tenant Affairs and approved by the Montgomery County Council by Resolution No. 8-1541 implementing the provisions and requirements of chapter 29 of the Montgomery County Code, 1972, as amended. All persons having matters pending before the commission should consult chapter 29 of the Code, specifically sections 29-40 through 29-46 for additional substantive and procedural provisions.
2.1.Whenever the executive director of the office of landlord-tenant affairs officially presents to the commission any bona fide complaint which the executive director has either failed to conciliate or has determined is not susceptible to conciliation, the commission shall either schedule a hearing thereon to determine whether a violation of chapter 29 of the Code or a defective tenancy exists, or the commission may refer the matter back to the office of landlord-tenant affairs for further investigation or conciliation. If the executive director determines a complaint has no reasonable grounds and the commission determines that such complaint is not bona fide, it shall dismiss the complaint by written order.
2.2. In the event the commission determines to hold a hearing pursuant to rule 2.1, it shall schedule such hearing and order the issuance of a statement of charges which shall be served upon the parties by personal service, certified mail return receipt requested, or as otherwise provided by law.
2.3. In addition to that which is required by chapter 29 of the Code, the statement of charges shall include:
a. the name of the complainant,
b. specific references to the section of the Code allegedly violated,
c. a concise factual statement of the acts alleged to constitute a violation of law or a defective tenancy,
d. remedy sought.
2.4. After the commission has determined to hold a hearing pursuant to Rule 2.1, the commission shall summon to said hearing the respondent(s) and may summon complainant(s) and all witness(es) it deems necessary to appear at said hearing. Summonses issued pursuant to this rule shall be served in accordance with the provisions for services upon the respondent as provided in Rule 2.2, supra.
2.5. Extraordinary rent increase requests; review and oral argument. The applicant or any other party to a hearing on an application for an extraordinary rent increase may, following such hearing, request the commission to review the hearing examiner's recommendation or the executive director's decision prior to its becoming final. All such requests shall be in writing and shall state:
a. the name of the applicant.
b. whether the appellant is a landlord or tenant.
c. the specific facts upon which the review is requested. If no specific facts are alleged, the commission may, at its discretion, give the appellant an additional ten (10) days to specify the basis for the requested review.
d. the nature of the relief the commission is requested to provide.
e. if oral argument is being requested the appellant shall so state, giving reasons why oral argument is necessary.
4.1. Public hearings for the purpose of taking evidence upon any matter or appeal shall be held at such times and places as the commission shall designate, with due notice subject to the provisions of section 29-40 of the Code.
4.2. Unless otherwise restricted, all matters other than extraordinary rent increase reviews shall be heard on the merits, de novo.
4.3. It shall be the responsibility of the commission members to inquire into the facts and the law with regard to each issue presented. To this end the commission may exercise its powers to insure that all necessary and pertinent information is made available. The commission may:
a. Hold conferences with the parties to clarify issues and to expedite full and fair handling of any matter.
b. Upon motion of any party or upon its own motion, dispose of procedural requests, including motions to amend, to reopen the records, of any matter in order to receive additional evidence or information.
c. Regulate the course of public hearing.
d. Rule upon proffers of proof and receive relevant evidence.
e. Subpoena, swear and examine witnesses.
f. Introduce into the records, on its own motion, documentary or other evidence; provided, that all parties are notified and given reasonable opportunity to reply or to be heard thereon.
g. Require the parties to state respective positions concerning any issue.
h .Require any appellant or petitioner to provide additional information concerning his appeal.
i. Take such other action as is necessary to carry out the intent of the fair landlord- tenant relations act.
j. To the extent practicable, where time, the nature of the proceedings and the public interest permit, it is the policy of the commission to encourage the parties to clarify and simplify the issues by agreeing to stipulations and admissions of fact which will aid in the disposition of a proceeding.
k. In any proceeding, official notice may be taken of any material fact which might be judicially noticed by the circuit court, any matter in the public official records of the commission or any matter which is peculiarly within the knowledge of the commission as an expert body.
4.4. Presiding officer. The chairman shall preside at all hearings. In the absence or disability of the chairman, the vice chairman shall preside, in the absence of both, a majority of those present shall designate a chairman pro tem to conduct the hearing.
4.5. Order of evidence. Evidence at public hearings shall be presented in the following order, unless the commission rules otherwise:
a. Opening statement.
1. Complainant or appellant.
2. Respondent or appellee.
b. Commission witnesses.
c. Complainant or appellant. Supporting testimony offered by complainant or appellant.
d. Respondent or appellee. Supporting testimony offered by respondent or appellee.
e. Rebuttal testimony.
f. Closing argument.
1. Complainant or appellant.
2. Respondent or appellee.
3. Complainant or appellant.
The commission has the right to question witnesses directly, but further reserves the right to have questions asked for it by an assistant county attorney. At the conclusion of the testimony of each witness, opposing parties may cross-examine each witness.
4.6. Rules of evidence. The rules of evidence applicable in the courts of Maryland shall apply. These rules may be relaxed by the commission in accordance with customary rules of evidence in administrative hearings, as in its judgment the ends of justice may require. Each party to a hearing shall be allowed the time reasonably necessary to present a full and fair presentation of evidence. However, each party is encouraged to keep his presentation as succinct as possible. To this end, the parties are requested to plan their testimony in an orderly and consistent manner. The commission shall require witnesses to testify under oath or affirmation. The chairman shall administer the oath or affirmation. Generally the evidence shall be confined to the matters specified by the complainant or appellant in his complaint or appeal, and any other matters raised by governmental officials or the office of landlord-tenant affairs representatives. Evidence relating to additional matters may be admitted at the discretion of the commission. Admission of such additional evidence may require postponement or continuation of the hearing, or decision to leave the record open for a specified time to permit rebuttal evidence. The commission shall give effect to the rules of privilege recognized by the laws of Maryland, and the commission may exclude incompetent, irrelevant, immaterial and unduly repetitious evidence.
4.7. Burden of proof. The complainant or appellant shall have the burden of proof and shall establish his case by a preponderance of the evidence which shall include the burden of persuasion on all questions of fact which are to be determined by the commission.
4.8. Exhibits of records. All exhibits presented to the commission shall be duly numbered, and upon acceptance into evidence, made a part of the record and included in the file of the matter or appeal.
4.9. Continuation of hearing. If a hearing on a complaint or appeal cannot be completed on a date originally scheduled, the commission may adjourn its hearing and continue the matter to the nearest available future date. If the time and place to which the hearing is to be continued is publicly announced at the time of the adjournment, no further notice shall be required; otherwise, at least fifteen (15) days notice of the time, place and subject of the continued hearing shall be issued to all parties entitled to original notice and to any other parties to whom the commission may direct that notice be given.
4.10. Postponement of hearing date. Any party for good cause shown may request a postponement of hearing date. Said request of a hearing date shall be in writing whenever practicable. The chairman of the commission shall rule on the request and advise all parties of his decision.
Loading...